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Marketing Representation Agreement
"I need a Marketing Representation Agreement for appointing an exclusive marketing agency to represent my tech company's software products in East Malaysia, with specific provisions for digital marketing and a commission structure based on subscription sales."
1. Parties: Identification and details of the principal company and the marketing representative
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed scope of marketing representation services
5. Territory and Exclusivity: Geographical area of representation and whether the appointment is exclusive
6. Rights and Obligations: Detailed responsibilities of both the representative and the principal
7. Compensation: Fee structure, commission rates, and payment terms
8. Marketing Standards: Required standards, compliance with laws, and approved marketing practices
9. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and marketing materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and circumstances for termination
12. Post-Termination: Obligations and restrictions after agreement ends
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Performance Targets: Specific marketing and sales targets, used when performance-based metrics are required
2. Digital Marketing: Specific provisions for online marketing activities, needed when digital marketing is a key component
3. Sub-Representatives: Terms for appointing sub-representatives, included when sub-contracting is permitted
4. Training and Support: Details of training and support provided by principal, included for complex products/services
5. Compliance with Specific Industries: Additional compliance requirements for regulated industries
6. Data Protection: Detailed PDPA compliance terms, required when handling personal data
7. Non-Competition: Restrictions on representing competing products/services
8. Insurance: Insurance requirements, included for high-risk activities
1. Schedule 1 - Products/Services: Detailed list of products or services to be marketed
2. Schedule 2 - Territory Details: Detailed description of geographical territories and any exclusions
3. Schedule 3 - Commission Structure: Detailed breakdown of commission rates and calculation methods
4. Schedule 4 - Marketing Guidelines: Specific guidelines and requirements for marketing activities
5. Schedule 5 - Reporting Requirements: Templates and timing for required marketing activity reports
6. Schedule 6 - Approved Marketing Materials: List of pre-approved marketing materials and approval process
7. Appendix A - Brand Guidelines: Principal's branding requirements and usage guidelines
8. Appendix B - Compliance Checklist: Checklist of regulatory and compliance requirements
Authors
Applicable Laws
Approved Marketing Materials
Business Day
Commencement Date
Commission
Confidential Information
Customer
Digital Content
Effective Date
Force Majeure
Intellectual Property Rights
Marketing Guidelines
Marketing Materials
Marketing Services
Personal Data
Principal
Products
Quarter
Representative
Revenue
Services
Target Market
Territory
Trade Marks
Working Hours
Territory
Exclusivity
Scope of Authority
Marketing Obligations
Performance Requirements
Commission
Payment Terms
Intellectual Property
Confidentiality
Non-Competition
Non-Solicitation
Data Protection
Compliance
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Post-Termination Obligations
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Counterparts
Consumer Goods
Retail
Technology
Manufacturing
Professional Services
Healthcare
Education
Financial Services
Real Estate
Telecommunications
Fashion and Apparel
Food and Beverage
Tourism and Hospitality
Legal
Marketing
Sales
Business Development
Compliance
Commercial Operations
Brand Management
Partner Relations
Product Management
Corporate Communications
Marketing Director
Business Development Manager
Sales Director
Chief Marketing Officer
Commercial Director
Legal Counsel
Compliance Officer
Marketing Manager
Sales Manager
Channel Manager
Partnership Manager
Regional Sales Director
Brand Manager
Product Manager
Agency Relations Manager
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